1.   The Zoning Hearing Board shall hear and decide the following appeals:

      A.   Appeals in which it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer.

      B.   Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefore, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.

      C.   Appeals from the Zoning Officer's determination of a preliminary opinion pursuant to Article IX, Section 916.2 of the Pennsylvania Municipalities Planning Code;

(Ord. 7/8/1978, Art. 19; as amended by Ord. 10-10-01, 10/10/2001, § 24)

The Zoning Hearing Board shall hear substantive challenges to the validity of the Zoning Ordinance, except those brought before the Board of Supervisors.

   A.   If a challenge heard by the Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged Zoning Ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the amendments, plans and explanatory material submitted by the applicant and shall also consider;

      (1)    The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

      (2)    If the proposal is for a residential use, the impact of the proposal upon regional housing needs, and the effectiveness of the proposal in providing housing units of a type actually available to, and affordable by, classes of persons otherwise unlawfully excluded by the challenged provisions of the Zoning Ordinance or map;

      (3)   The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, flood plains, aquifers, natural resources and other natural features;

      (4)    The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and

      (5)   The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

   B.   The Zoning Hearing Board, shall render its decision within forty-five (45) days after the conclusion of the last hearing. If the Zoning Board fails to act on the applicant's request within this time limit, a denial of the request is deemed to have occurred on the forty-sixth (46th) day after the close of the last hearing.

   C.   The Zoning Hearing Board shall commence its hearings within sixty (60) days after the request is filed unless the applicant requests or consents to an extension of time.

   D.   Public notice of the hearing shall be provided as specified in § 1804(1) of this Chapter.

   E.   Challenges to the validity of the Zoning Ordinance, raising procedural questions or alleged defects in the process of enactment or adoption which challenges, shall be raised by an appeal taken within thirty (30) days after the effective day of the Ordinance.

(Ord. 7/8/1978, Art. 19; as amended by Ord. 10-10-01, 10/10/2001, § 24)

   1.   The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may grant a variance upon a finding that the applicable provisions of the Pennsylvania Municipalities Planning Code regarding the granting of variances have been met by the applicant. In granting any variance the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the MPC and this Chapter.

   2.   All applicants for a variance shall submit the following:

      A.   Statement describing the proposed use.

      B.   A location map showing the entire tract and its relation to the surrounding area drawn at a scale of one thousand (1,000) feet to the inch.

(Ord. 7/8/1978, Art. 19; as amended by Ord. 10-10-01, 10/10/2001, § 24)

   1.   General. Special exceptions are deemed to be uses that may be allowed in their respective districts subject to the satisfaction of the requirements and standards set forth in this Part, in addition to all other requirements of this Chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. Before any special exception shall be granted, the Zoning Hearing Board shall review the proposed special exception in accordance with the following requirements and criteria and satisfy itself that they have been met in addition to any other requirements necessary to fulfill the objectives of this Chapter. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of and insure compliance with the MPC and this Chapter, which conditions may include plantings and buffers, harmonious designs of buildings and the elimination of noxious, offensive or hazardous elements.

   2.   Plan Required. The applicant shall submit a site plan, the number of copies of which shall be established by the Board, at a sufficient scale and at a sufficient level of detail to demonstrate compliance with all applicable requirements drawn to a scale of not more than one hundred (100) feet to the inch and which shall include all of the following:

      A.   The location of all existing floodplains, watercourses, railroads, areas of subsidence, wooded areas (marking all wooded areas to be cleared), bridges, culverts, and other significant natural features on the tract and within two hundred (200) feet of the tract.

      B.   The location of all streets, adjoining tracts, and buildings within two hundred (200) feet of the tract.

      C.   The location of all proposed land uses including residential uses by types.

      D.   Size and intensity of use data, including the number of residential or commercial lots, lot sizes, the number and types of dwelling units, and the density per acre of each type of dwelling unit.

      E.   The location and arrangement of all open spaces and yards, landscaping, fences and buffer yards, including the methods and materials to be employed for screening.

      F.   The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas.

      G.   The dimensions (numbers shown), location and methods of illumination for signs and exterior lighting.

      H.   The location and dimensions of sidewalks and all other common areas.

      I.   If applicable, a description of any proposed industrial or commercial operation in sufficient detail to indicate the effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.

      J.   Provisions to be made for the treatment and disposal of sewage and industrial wastes and for water supply.

      K.   Site contours at two (2) foot intervals.

      L.   All proposed site grading and drainage provisions and proposals. Zoning districts and applicable area, bulk, and yard requirements. Certification by the person who prepared the site plan.

      M.   Zoning districts and applicable area, bulk, and yard requirements.

      N.   Certification by the person who prepared the site plan.

      O.   Certification of ownership and acknowledgment of plans signed by owner and developer.

   2.   General Standards. In order for the Zoning Hearing Board to grant a special exception, the applicant shall demonstrate all of the following. The burden of proof shall rest with the applicant.

      A.   The applicant shall establish by credible evidence compliance with all conditions on the special exception enumerated in the Section which gives the applicant the right to seek the special exception.

      B.   The applicant shall establish by credible evidence that the proposed special exception shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the approval shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. The applicant shall have similar responsibilities with respect to other public service systems including but not limited to police protection, fire protection, utilities, parks and recreation.

      C.   The applicant shall establish by credible evidence that the proposed special exception shall be in and of itself properly designed with regard to internal circulation, parking, buffering, and all other elements of proper design as specified in this Chapter and any other governing law or regulation.

      D.   The applicant shall establish by credible evidence that the proposed use shall not substantially change the character of the subject property's neighborhood and shall meet the requirements of the district in which it lies.

      E.   The applicant shall establish by credible evidence that adequate public facilities are available and existing to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, parks, vehicular access, recreation, and etc.).

      F.   For development within the Floodplain Districts, the applicant shall establish by credible evidence that the application complied with those requirements listed in Chapter 8 of the Code of Ordinances and the necessity of the development to be located in the floodplain.

      G.   The applicant shall establish by credible evidence that the proposed use of the site complies with the requirements of any other public agency having jurisdiction over the proposed use.

      H.   For all lands located in the Agricultural District or adjacent to the Agricultural District, the applicant shall establish by credible evidence that the proposed use of the site or development shall not be inconsistent with or frustrate the legislative intent of the Agricultural District.

      I.   The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.

      J.   The proposed special exception shall not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of property adjacent to the area included in the special exception application is adequately safeguarded.

(Ord. 7/8/1978, Art. 19; as amended by Ord. 10-10-01, 10/10/2001, § 24)

Appeals from a determination by a municipal engineer or the Zoning Officer with reference to the administration of any provisions contained within the Floodplain Zone.

(Ord. 7/8/1978, Art. 19; as amended by Ord. 10-10-01, 10/10/2001, § 24)

Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of the Zoning Ordinance.

(Ord. 7/8/1978, Art. 19; as amended by Ord. 10-10-01, 10/10/2001, § 24)

Appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance with reference to sedimentation and erosion control, and/or stormwater management for applications not involving a subdivision/land development, nor a planned residential development as regulated in Articles V and VII of the Pennsylvania Municipalities Planning Code.

(Ord. 7/8/1978, Art. 19; as amended by Ord. 10-10-01, 10/10/2001, § 24)

(Ord. 7/8/1978, Art. 19; as added by Ord. 10-10-01, 10/10/2001, § 24)

   1.   Appeals and proceedings to challenge any provision under this Chapter may be filed with the Zoning Hearing Board in writing by the landowner affected, by any officer or agency of the Township, or any person aggrieved. Requests for a variance and for a special exception under this Chapter may be filed with the Zoning Hearing Board by any landowner. An appeal or request shall state:

      A.   The name and address of the applicant.

      B.   The name and address of the owner of the real estate to be affected by the proposed special exception, or variance.

      C.   A brief description and location of the real estate to be affected by such proposed change.

      D.   A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereon.

      E.   A statement of the section of this Ordinance under which the variance, or special exception is requested, may be allowed, and reasons why it should be granted.

(Ord. 7/8/1978, Art, 19; as amended by Ord. 10-10-01, 10/10/2001, § 24)

No person shall be allowed to file any proceeding with the Zoning Hearing Board later than thirty (30) days after any application for development, preliminary or final, has been approved by the Board of Supervisors, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice or knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

(Ord. 7/8/1978, Art. 19; as amended by Ord. 10-10-01, 10/10/2001, § 24)

Upon the filing of any proceeding referred to in this Part and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer, or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Hearing Board determines there are facts indicating that such stay would cause imminent peril to life or property; in which case, the development or official action shall not be stayed, otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board, by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Zoning Hearing Board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the Court.

(Ord. 7/8/1978, Art. 19; as amended by Ord. 10-10-01, 10/10/2001, § 24)